1. You have engaged us as your employment advocate to act for you in your employment matters which may arise from time to time. Our engagement is limited to the specific matters and services you instruct us to provide. We do not provide ongoing monitoring, auditing, or compliance services unless expressly agreed in writing. We are not responsible for identifying issues, risks, or obligations outside the scope of your instructions.
2. We are committed to doing our best to ensure that your representation needs are met. You acknowledge that we are not psychologists, counsellors or doctors, nor are we acting as a legal firm or as a lawyer, but as an employment advocate. We will: a. protect and promote your interests and act for you free from compromising influences or loyalties; b. discuss with you your objectives and how they should best be achieved; c. act competently, in a timely way, and in accordance with instructions received and arrangements made; d. provide you with information about the work to be done, who will do it and the way the services will be provided; e. protect your privacy and ensure appropriate confidentiality; f. treat you fairly, respectfully and without discrimination; g. give you clear information and advice; h. at times give you professional opinions and information that you may not like or agree with; i. keep you informed about the work being done and advise you when it is completed; and j. charge you a fee that is fair and reasonable and let you know how and when you will be billed.
3. Our fees are set having regard to a range of factors including time, travel time, urgency, expertise, importance, complexity, and results achieved. Time is recorded in 10-minute billing increments. Our minimum monthly invoice amount is one hour. Our minimum charge for a meeting is two hours. Our minimum charge for resolving an employment-related matter is $2,950 + GST.
4. Our accounts are due for payment seven days after the date of the account unless prior arrangements are made in writing. Interim accounts may be issued monthly. Where an invoice is addressed to another person, you remain liable if it is not paid promptly.
5. If payment is overdue we may withhold further work and retain custody of your property until all invoices are paid. Interest may be charged at 13.8% per annum calculated monthly from the date upon which the invoice was issued, and you will be responsible for all recovery and collection costs
6. Disbursements include expenses such as file opening fees, searches, courier charges, court filing fees, travel costs, and agency fees. We may require funds in advance for significant disbursements.
7. Cancellation fees apply for booked meetings: a. Five days’ notice or more – no fee; b. Twenty-four hours to four days’ notice – 50% of estimated time; c. Less than twenty-four hours’ notice – 100% of the greater of estimated time or fee charged.
8. Only you may rely on our advice unless we agree in writing otherwise. All advice is opinion only, based on the facts known to us at the time. You remain responsible for all final decisions relating to your employment matters, including whether to accept or reject advice, pursue settlement, proceed to mediation, or take disciplinary or termination action. Our role is advisory and representational only.
9. You may terminate our engagement at any time. We may terminate if you fail to pay invoices, misrepresent or withhold information, ignore advice, a conflict arises, or you abandon the matter.
10. Employment matters are inherently uncertain. You acknowledge that no guarantee is given as to outcomes, timeframes, or costs, including in mediation, settlement negotiations, investigations, or proceedings before the Employment Relations Authority or any other body.
11. Upon termination, you must pay all fees and expenses due. If on an agreed fee structure, you agree to pay the greater of the full agreed fee or fees for work done at $435 + GST per hour plus disbursements.
12. You must notify us if you become insolvent or enter liquidation. We may issue a final invoice and require a new engagement before continuing work.
13. If a conflict of interest arises we will notify you and may cease acting.
14. We will, so far as the law allows, hold in confidence all information concerning you and your business, except to the extent necessary to carry out your instructions or where ethically or legally required.
15. Our advice and representation are based on the information you provide to us. You warrant that all information supplied is accurate, complete, and not misleading. We are not responsible for outcomes affected by incomplete, inaccurate, or late information.
16. You authorise us to collect funds on your behalf and deduct our fees before forwarding the balance to you.
17. We may communicate electronically. Electronic communications may not always be secure and we are not liable for loss arising from non-receipt, corruption, or transmission errors.
18. Use of Artificial Intelligence and Technology Tools a. In providing services to you, we may use artificial intelligence–enabled tools, automated research systems, document analysis software, and similar technologies (AI Tools) to assist with drafting, analysis, research, summarisation, and issue identification.
b. AI Tools are used solely as a support aid. We remain responsible for reviewing and applying any outputs before relying on them in your matter. c. You authorise us to input or process information you provide, including personal and employment-related information, into AI Tools where reasonably necessary to provide services to you. Where practicable, we will seek to anonymise information, however complete anonymisation may not always be possible. d. You acknowledge that some AI Tools may process information using systems or servers located outside New Zealand, and you consent to this processing for the purposes of the Privacy Act 2020. e. You acknowledge that AI Tools do not provide legal advice and may produce incomplete, inaccurate, or outdated information. To the fullest extent permitted by law, we accept no liability for loss arising from reliance on AI generated content alone.
19. In the event we are involved in any claim or proceeding relating to the services provided, you agree to indemnify us for reasonable costs and expenses incurred, including legal costs, to the extent permitted by law.
20. You agree to release, discharge, and indemnify us from all liability (including negligence) arising in connection with our representation, to the fullest extent permitted by law.
21. We may require pre-payment or security for fees and may debit fees and expenses from prepaid amounts.
22. We may hold your files electronically and destroy them six years after completion of the matter unless you retrieve them earlier.
23. If we request instructions from you and do not receive a response within 30 days, we may treat the matter as inactive and close our file without further notice, subject to payment of any outstanding fees.
24. We are not liable for any delay or failure to perform our services where such delay or failure arises from events beyond our reasonable control, including but not limited to illness, natural disasters, power or system outages, unavailability of third parties, or government or regulatory action.
